Divorce is tough enough on its own, but when it’s complicated by a partner’s financial misconduct—like gambling, excessive drinking, drug use, or compulsive spending—things can quickly get overwhelming. If you’re dealing with these issues, it’s important to understand how they might affect your divorce settlement and what steps you can take to protect your financial future.
How Financial Misconduct Impacts Divorce
Financial misconduct can come in many forms:
- Gambling: A spouse’s gambling habit can drain savings, rack up debt, and put your financial stability at risk.
- Substance Abuse: Drug or alcohol addiction often leads to irresponsible spending and financial neglect.
- Compulsive Spending: Constant shopping or reckless spending habits can cause significant debt and wipe out shared assets.
Courts take financial misconduct seriously when it comes to dividing assets. If your partner’s behaviour has caused financial harm during the marriage, the court might consider this when deciding what’s fair.
Legal Tools to Protect Your Finances
There are several legal options to help you secure a fair settlement and protect your financial future:
- Consent Order: This is a legal document that makes the financial agreement between you and your ex legally binding. It covers how you’ll split things like property, savings, debts, and pensions. A consent order also provides a ‘clean break,’ which means neither of you can make financial claims against each other in the future. You can apply for a consent order after you receive your conditional order (formerly known as the decree nisi) and before the final order (formerly decree absolute).
- Clean Break Order: If you don’t have dependent children together under 18 and any assets to split and you want to cut all financial ties with your ex, a clean break order is the way to go. This ensures that neither of you can make any future financial claims against the other.
- Pension Sharing Order: Pensions are often one of the biggest assets in a marriage. A pension sharing order is the only way to make a pension provider split pension benefits between you, ensuring both parties have financial security for the future.
How We Can Help Your Divorce Finances
At Easy Online Divorce, we offer a range of services to help you navigate the financial side of divorce, especially when financial misconduct is involved:
- Managed Divorce with Consent Order: If you and your ex have agreed on how to split your assets, we’ll make sure your agreement is legally binding and enforceable.
- Managed Divorce with Clean Break Order: For those who want to sever all financial ties and move forward without any future claims.
- Managed Divorce with Pension Sharing Order: If pensions are part of the settlement, we’ll ensure the division is handled properly and fairly.
We handle all the paperwork and communication with the court, making the process as smooth and stress-free as possible.
How the Divorce Court Deals With Financial Misconduct
If your settlement is unequal because of your partner’s financial misconduct, the court will want to know why. You’ll need to explain the situation, and your ex will have to agree to the terms in writing. In some cases, the court might ask for additional details or even request a hearing to ensure both parties fully understand and agree to the settlement. But don’t worry—we’ll guide you through every step.
Protect Yourself Post-Divorce From Financial Misconduct
Divorcing someone with a history of financial misconduct can be challenging, but you don’t have to face it alone. With the right legal tools and support, you can protect your finances and move on with confidence. Whether you need a consent order, a clean break order, or help with pension sharing, Easy Online Divorce is here to make the process simple and stress-free.
Ready to Take the Next Step?
If you’re ready to secure your financial future, contact us today. We’ll help you choose the right service for your situation and guide you through every step of the process. Call us on 0204 530 8101, book a free consultation or get started with one of our managed divorce services now.
